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(a) sections 94 to 98 and 105 of the Local Government Act 1972[7];

(b) any regulations made under section 19 of the Local Government and Housing Act 1989[8];

(c) in section 17 of the Audit Commission Act 1998, subsections (1)(b), (3), (5)(b), (7) and (8) and in subsection (2), the words "subject to subsection (3)" and paragraphs (a) and (b)[9]; and

(d) section 18 of the Audit Commission Act 1998[10].

    (2) Section 16(1) of the Interpretation Act 1978[11] shall apply to a disapplication under paragraph (1) above as if it were a repeal, by an Act, of an enactment.



Signed by authority of the Secretary of State for Transport, Local Government and the Regions


Nick Raynsford
Minister of State, Department for Transport, Local Government and the Regions

5th November 2001

(a) on another relevant authority[12], he must, when acting for that other authority, comply with that other authority's code of conduct; or

(b) on any other body, he must, when acting for that other body, comply with the authority's code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

    (4) In this code, "member" includes a co-opted member of an authority.

(a) promote equality by not discriminating unlawfully against any person;

(b) treat others with respect; and

(c) not do anything which compromises or which is likely to compromise the impartiality of a police officer or those who work for, or on behalf of, the authority.

     3. A member must not - 

(a) disclose information given to him in confidence by anyone, or information acquired which he believes is of a confidential nature, without the consent of a person authorised to give it, or unless he is required by law to do so; nor

(b) prevent another person from gaining access to information to which that person is entitled by law.

     4. A member must not in his official capacity, or any other circumstance, conduct himself in a manner which could reasonably be regarded as bringing his office or authority into disrepute.

     5. A member - 

(a) must not in his official capacity, or any other circumstance, use his position as a member improperly to confer on or secure for himself or any other person, an advantage or disadvantage; and

(b) must, when using or authorising the use by others of the resources of the authority - 


(i) act in accordance with the authority's requirements; and

(ii) ensure that such resources are not used for political purposes unless that use could reasonably be regarded as likely to facilitate, or be conducive to, the discharge of the functions of the authority or of the office to which the member has been elected or appointed.

     6. A member must when reaching decisions have regard to any relevant advice provided to him by - 

(a) the authority's chief finance officer acting in pursuance of his duties under section 114 of the Local Government Finance Act 1988[13]; and

(b) the authority's monitoring officer acting in pursuance of his duties under section 5(2) of the Local Government and Housing Act 1989[14].

     7. A member must, if he becomes aware of any conduct by another member which he reasonably believes involves a failure to comply with the authority's code of conduct, make a written allegation to that effect to the Standards Board for England as soon as it is practicable for him to do so.

(a) another relevant authority of which he is a member;

(b) another public authority in which he holds a position of general control or management;

(c) a body to which he has been appointed or nominated by the authority as its representative;

(d) the functions of the authority in respect of statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992[15], where the member is in receipt of, or is entitled to the receipt of such pay from a relevant authority; and

(e) any functions of the authority in respect of an allowance or payment made under sections 173 to 176 of the Local Government Act 1972[16], section 18 of the Local Government and Housing Act 1989[17], or paragraphs 25, 25A and 25B of Schedule 2 and paragraphs 20, 20A and 20B of Schedule 2A to the Police Act 1996[18].

Participation in Relation to Disclosed Interests

     11. A member with a prejudicial interest in any matter must - 

(a) withdraw from the room or chamber where a meeting is being held whenever it becomes apparent that the matter is being considered at that meeting, unless he has obtained a dispensation[19] from the authority's standards committee; and

(b) not seek improperly to influence a decision about that matter.

     12. For the purposes of this Part, "meeting" means any meeting of - 

(a) the authority; or

(b) any of the authority's committees, sub-committees, joint committees or joint sub-committees.

(a) body to which he has been appointed or nominated by the authority as its representative;

(b) public authority or body exercising functions of a public nature;

(c) company, industrial and provident society[20], charity, or body directed to charitable purposes;

(d) body whose principal purposes include the influence of public opinion or policy; and

(e) trade union[21] or professional association.

     15. A member must within 28 days of becoming aware of any change to the interests specified under paragraphs 13 and 14 above, provide them written notification to the authority monitoring officer of that change.

[2] See The Relevant Authorities (General Principles) Order 2001 (S.I. 2001/1401).back

[3] See section 50(2) of the Local Government Act 2000 for the power of the National Assembly for Wales to issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities in Wales other than police authorities and see section 83(1) of that Act for the definition of police authority.back

[4] See section 49(7) of the Local Government Act 2000 for the definition of "co-opted member". Under section 83(3) and (4) of that Act, references to a member of the relevant authority include references to an elected mayor, an elected executive member, the Mayor of London and a member of the London Assembly.back

[5] See sections 50 and 51 of the Local Government Act 2000 for the effect of a mandatory provision.back

[6] See section 51(2) and (5) of the Local Government Act 2000 for the requirements for authorities to adopt a code of conduct and for provision applying the mandatory provisions of this Order.back

[7] 1972 c. 70. Section 94 is amended by sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48); section 103 of and paragraph 21 of Schedule 7 to the Police Act 1996 (c. 16); section 88 of and paragraph 1 of Schedule 6 to the Police Act 1997 (c. 50); sections 128(1) and 137 of paragraphs 22 and 23 of Schedule 6 to and Part V of schedule 7 to the Criminal Justice and Police Act 2001 (c.16); and paragraph 22 of Schedule 11 to the Local Government and Housing Act 1989 c. 42. Section 97 is amended by section 194 of and paragraph 23 of Schedule 11 to the Local Government and Housing Act 1989 and section 161 of and paragraph 5 of Schedule 11 to the Transport Act 2000 c. 38. Section 98 is amended by section 21(2) of and paragraph 8 of Schedule 16 to the Financial Services Act 1986 (c. 60); section 84 of and paragraph 13 of Schedule 14 to the Local Government Act 1985 (c. 51); sections 325 and 328 of, paragraph 25 of Schedule 27 to and Part I of Schedule 29 to the Greater London Authority Act 1999 (c. 29); section 43 of and paragraph 7 of Schedule 4 to the Police and Magistrates' Court Act 1994 (c. 29); section 103 of and paragraph 1(2)(h) of Schedule 7 to the Police Act 1966; section 88 of and paragraph 2 of Schedule 6 to the Police Act 1997; section 237 of and Schedule 13 to the Education Reform Act 1988 (c. 40); and sections 128(1), 137 of, paragraphs 22 and 24 of Schedule 6 to and Part V of Schedule 7 to the Criminal Justice and Police Act 2001. Under section 107 of, paragraph 12 of Schedule 5 to and Schedule 6 to the Local Government Act 2000, sections 94 to 98 and 105 of the 1972 Act are to be repealed at a date to be appointed.back

[8] 1989 c. 42. Under section 107 of, paragraph 25 and 26 of Schedule 5 to and Schedule 6 to the Local Government Act 2000, these provisions are to be repealed at a date to be appointed.back

[9] 1998 c. 18. Section 17 was amended by paragraphs 1, 6(1) and (2)(a) of Schedule 8 to and section 133 of the Greater London Authority Act 1999 and by Schedule 7 to and section 137 of the Criminal Justice and Police Act 2001. The provisions disapplied are to be repealed under section 90(2) of the Local Government Act 2000 at a date to be appointed.back

[10] Section 18 was amended by paragraph 7 of Schedule 8 to the Greater London Authority Act 1999. This provision is to be repealed under section 90(3) of the Local of the Local Government Act 2000, at a date to be appointed.back

[11] 1978 c. 30.back

[12] See section 49(6) of the Local Government Act 2000 for the definition of "relevant authority".back

[13] 1988 c. 41. Section 114 was amended by section 130(1) to (4) of the Greater London Authority Act 1999; articles 1, 2(k) and 20 of S.I. 2001/2237; section 43 of and paragraph 34 of Schedule 4 to the Police and Magistrates' Courts Act 1994; section 88 of and paragraph 28 of Schedule 6 to the Police Act 1997; and sections 128(1) and 137 of, paragraphs 45 and 48 of Schedule 6 to and Part V of Schedule 7 to the Criminal Justice and Police Act 2001.back

[14] Section 5 of the Local Government and Housing Act 1989 was amended by articles 1, 2 and 23 of S.I. 2001/2237; section 107 of and paragraphs 24 of Schedule 5 to the Local Government Act 2000; sections 43 and 93 of, paragraph 35 of Schedule 4 to and Schedule 9 to the Police Magistrates' Court Act 1994; section 103 of and paragraph 1(2) of Schedule 7 to the Police Act 1996; sections 127(2) and 325 of and paragraph 62 of Schedule 27 to the Greater London Authority Act 1999; and section 120 of and Schedule 24 to the Environment Act 1995. Under section 73 of the Greater London Authority Act 1999, section 5 of the 1989 Act applies to the Greater London Authority as if it were a relevant authority for the purposes of that Act.back

[15] 1992 c. 4. Part XI has been amended.back

[16] 1972 c. 70. Sections 173 to 176 were amended by section 194 of and paragraphs 26 of 27 of Schedule 11 to the Local Government and Housing Act 1989; section 7 of the Miscellaneous Financial Provisions Act 1983 c. 29; sections 25 and 194 of and Schedule 34 to the Local Government, Planning and Land Act 1980 c. 65; section 11(3) of and Schedule V to the Water Act 1983; section 328 of and paragraph 18 and 19 of Schedule 29 to the Greater London Authority Act 1999; section 84 of and paragraph 18 of Schedule 14 to the Local Government Act 1985 and section 237 of and Schedule 13 to the Education Reform Act 1988. Section 173A was inserted by section 24(2) of the Local Government, Planning and Land Act 1980.back

[17] 1989 c. 42. Section 18 was amended by section 99 of the Local Government Act 2000; section 43 of and paragraph 37 to Schedule 4 of the Police and Magistrates' Court Act 1994 and section 582(1) of and paragraph 97 of Schedule 37 to the Education Act 1996.back

[18] 1996 c. 16. The relevant paragraphs in Schedule 2 and 2A were amended and inserted by sections 104(6), 107 and 137 of and Schedule 7 to the Criminal Justice and Police Act 2001 (c. 16). Schedule 2A was inserted by section 310(2) of and Schedule 26 to the Greater London Authority Act 1999.back

[19] Under section 81(5) of the Local Government Act 2000, the Secretary of State may prescribe in regulations the circumstances in which standards committees may grant dispensations.back

[20] See the Industrial and Provident Society Acts 1965 to 1978 for the requirements for registration of industrial and provident societies.back

[21] See section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 c. 52 for the definition of a trade union.back

 © Crown copyright 2001